MATTHEW D. WEIDNER, ESQ.
I hear the criticisms of our judges but truth be told, I’ve never had a bad experience in front of a foreclosure judge….when I did my job, prepared my case and had a court reporter present. And while I respect the efforts of homeowners who start the fight pro se, if you want to save your home, if you want the respect of the court and the opposing party, you must hire an experienced foreclosure defense attorney to fight this battle.
I’m posting these Motions and memorandum primarily so that other attorneys from around the state will use them, develop them and argue the issues in front of judges. The issues contained within these documents are very important and frankly they require experienced and committed attorneys to make the arguments correctly. These documents and the issues presented are tools and like any tool they should only be used by operators who are trained to use them. Having said that I just hate seeing these coverage attorneys for the foreclosure mills wheeling in their boxes of hundreds of foreclosure cases and throwing this garbage into our courtrooms. I am appalled that the mills have joined forces and share the same coverage attorneys between all the mills. Where is the formal and specific authorization for that attorney to represent that client before the court?
How can coverage attorneys represent to the court that, there are no issues of material fact in the hundreds of files that are in his wheelbarrow when those files have been prepped by another law firm? Why is that attorney not required to file a Notice of Appearance so the court knows what attorney is affirmatively representing to the court the veracity and authenticity of all the facts in his case?
Special thanks to my intrepid law clerk Michael Fuino who is primarily responsible for all the excellent research and drafting contained within these memos and motions. Hats off to him! Enough of all of that, here go the goods.
Motion to Dismiss Action;
Defendants Answer, Affirmative Defences and Motion to Dismiss;
Memorandum of Law in Support of Defendants Motion to Dismiss; https://docs.google.com/Doc?docid=0AVwtyXDQr0s-ZGNtOG00NThfNDk0Y2g4eDc1ZG4&hl=en
Defendants Motion to Strike; https://docs.google.com/Doc?docid=0AVwtyXDQr0s-ZGNtOG00NThfNDkzYzNtcXRuZjI&hl=en
Defendants Supplemental Affirmative Defenses; https://docs.google.com/Doc?docid=0AVwtyXDQr0s-ZGNtOG00NThfNDkyY3J6bmY3Zzk&hl=en